Sherer v. James

Ness, Chief Justice:

We granted certiorari to review the decision of the Court of Appeals reported at 286 S. C. 304, 334 S. E. (2d) 283 (Ct. App. 1985). We reverse and reinstate the jury verdict in favor of petitioner James.

On a Wednesday evening, twelve-year-old Scott Sherer 1 developed abdominal pain after playing basketball. Scott’s mother telephoned James, Scott’s pediatrician, who attributed the pain to a pulled muscle and prescribed aspirin. Later that night, Scott’s mother again telephoned James because Scott was nauseated and his pain had not diminished. James prescribed paregoric.…